Nationwide martial law?
President Rodrigo Duterte may widen the coverage of martial law to “include the Visayas,” adding that he is also mulling over the suspension of privilege of the writ of habeas corpus.
And should he see that ISIS has gained foothold further north, he said, he may include Luzon.
Duterte made the statement at the Ninoy Aquino International Airport when he arrived from an official visit to Russia.
He declared martial law in Mindanao in response to a crisis in Marawi City involving security forces and the Islamic Stateinspired Maute group, referred to the Mautes group as ISIS. This, despite the Armed Forces of the Philippines and the Philippine National Police saying there is no ISIS presence in the Philippines.
Duterte has already suspended the writ of habeas corpus in Mindanao, less than a day after he declared martial law there.
The writ is a court order that compels security forces to bring someone who has been arrested before the court and justify their detention. It is a safeguard against warrantless and unlawful arrests.
“Checkpoints will be allowed. Searches will be allowed. Arrest without a warrant will be allowed in Mindanao,” the president said.
Duterte said that he did not need to secure an arrest warrant or a search warrant if somebody had been “positively” identified with the other side, referring to the bandit groups.
“And I do not need to secure any search warrant or a warrant of arrest. If you are identified positively on the other side, you can be arrested and detained,” the president told his audience.
The 1987 Constitution requires that the writ be suspended separately from the pronouncement of martial law. It states that the suspension of the writ applies "only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion."
"During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released," Article 7, Section 18 of the Constitution states.
The chief executive also announced that he might allow civilians to carry licensed guns of their homes should violence in the area escalate.
"If the things go out of hand, if there's severe fighting, I will allow Mindanaons, Moros and Christians alike, if you are in a possession of a gun licensed by the government in order to give you security and protect your family, you can bring it out. Just show your ID especially your license. I said kapag nagpatayan na pati ang civilians, I will allow civilians to carry their guns outside of their houses," he said.
VISAYAS RESPONSE
Chief Supt. Noli Taliño, director of the Police Regional Office - 7, yesterday assured the public that the local police is on high alert.
“Nagpa-alert na tayo. In fact, full-alert ang status ng Philippine National Police. Yung normal na ginagawa natin, yung target-hardened measures, sinusubaybayan natin ang intel monitoring at pinapadagdagan natin ang ating mga checkpoint operations,” Taliño said.
The Maute group reportedly attacked Barangay Basak Malulut in Marawi, the capital city of Lanao del Sur, and eventually clashed with the government troops and shook civilians in the said area last Tuesday.
Maute is a group of militants, known as Dawlah Islamiya Philippines, which espouses hatred to nonMuslims and reportedly boasts loyalty or allegiance to ISIS by carrying their black flag with Arabic texts.
Taliño said they have not received any information about the presence of the rebel groups in Central Visayas.
“Wala naman (tayong na-monitor). Wala tayong information na ganon,” Taliño said.
He said police chiefs across the province have been instructed to engage with Muslims in their areas of jurisdiction. This is on top of the regular coordination with Muslim communities.
“Palagi naman nating hinihingan (sila) ng tulong at (ng) kanilang suporta pag may mga insidente katulad nyan. Hindi lang sa mga Muslim kundi buong community,” Taliño said.
SUPPORT
At the Capitol, Governor Hilario Davide III said he backs Duterte's decision to place Mindanao under Martial Law.
“The Constitution authorizes the president to declare martial law for 60 days subject to certain requirements. And, I agree with the decision of the president,” Davide said.
Mandaue Mayor Luigi Quisumbing supports the president, too.
The Philippine Chamber of Commerce and Industry also said it understands the necessity of declaring martial law.
“With PRRD's martial law declaration in Mindanao, there is concern from the business community. But we have faith in our President's firm control and determination to eliminate the threats and to protect the entire community. Hopefully the issues will be resolved as quickly as possible with minimum loss of lives and properties,” reads the statement from PCCI President George Barcelon.
"This drastic and firm action by our President should send a clear message to radical groups that for such heinous crimes they will suffer the consequences. After which things should normalized. We pray for the safety & well being of people in Marawi and the general population of Mindanao," the statement reads further.
Under the 1987 Constitution, the president may declare martial law in case of an invasion or rebellion "when the public safety requires it."
The chief executive may place the country or parts of it under martial law for not more than 60 days. The president is required to submit a report to Congress within two days of the proclamation.
Congress will then decide whether to revoke the martial law declaration. The president can also ask Congress to vote to extend the declaration "if the invasion or rebellion shall persist and public safety requires it."
The Supreme Court can also review the martial law proclamation if a citizen questions its basis. The high court shall come up with a decision on the petition within 30 days
from the filing.
OPPOSITION
Not everyone is happy, however, with Duterte's decision.
While they condemn the attack led by the Maute group, the International League of People's Struggle, League of Filipino Students, Kabataan Partylist and Bukluran ng Manggagawang Pilipino said martial law will just create more problems.
“We oppose Duterte's declaration of Martial Law because it is open to all sorts of abuses by government troops notorious for human rights violations. It is a blanket endorsement for so many abuses including warrantless arrests, searches and seizures,” they said.
The Bukluran ng Manggagawang Pilipino, a socialist national labor center, said the Marawi attack does not justify the imposition of military rule in a region that is pursuing peace through revived negotiations between the Philippine government and the various armed groups of the Moro self-determination movement.
"The imposition of Martial Law in Mindanao has no factual and legal basis and because Malacañang rushed into martial rule, without exhausting all other options, we fear that the fascist tendency of the Duterte regime is nearing its full bloom," BMP's statement reads.
Meanwhile, the local affiliate of the International League of Peoples' Struggle believes the Marawi siege is another false flag operation by the United States to keep Duterte in tow.
"Duterte overreacts. The declaration of martial law in the whole island of Mindanao is like using a sledge hammer to kill a fly. The US-trained military is to be blamed for the rise of the Maute criminal gang now posing as Islamic State (IS) militants," ILPSPhils chairperson Bong Labog said.